I don’t think that there’s ever too soon a time to instruct a lawyer. I think as soon as someone becomes involved in the criminal justice system, it’s extremely daunting.
People get accused of crimes, all sorts of crimes, and I speak to people in many different situations and scenarios. and there is no judgement. Ultimately, I will want to act professionally and ensure that you get the best possible outcome that you deserve.
I deal with criminal offences and criminal allegations every day of the week. You’re not going to be made feel uncomfortable. You’re going to talk to me in complete and utter confidentiality and hopefully get some reassurance.
As a firm in excess of 200 years’ worth of experience, we deal with criminal offences day in, day out. So when you first come to me, I want to know what contact you’ve had with, for example, the police or the court. Our initial conversation will simply be to gain an overview as to what the allegations are against you. We can work through what you need to provide me with once we’ve had an initial chat. It is useful to have the details of the basic allegation, details of the officer who has contacted you.
The most important thing is for you to be able to speak to someone. If I am the lawyer that you have first contact with and you feel comfortable with me, then hopefully I can see the case through to conclusion. If not, there would certainly be no ill feelings whatsoever, but if you felt more comfortable speaking to one of my colleagues, then that can be arranged.
What is an interview under caution?
Interviews under caution are recorded interviews undertaken by investigative authorities when they have reason to suspect an individual’s involvement in a criminal offence. They are one of the most common methods for authorities to gather evidence from a suspect.
By law, you must be cautioned before any questions can be posed to you in an interview. Otherwise, anything you say during the interview cannot then be used as evidence in court.
When you are cautioned, a police officer must state the following phrase to you, prior to the interview commencing: “You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.”
What you then proceed to say or not say during the police interview is a key factor in determining the outcome of the police’s investigation into a case and what action – if any – may be taken against you as a result.
Despite being voluntary, an interview under caution is no less serious or formal than an interview under arrest. Anything you say is recorded and can be used as evidence against you in court, which is why expert legal advice is critical.
Why would you be asked to attend an interview under caution?
If you’ve been asked to attend an interview under caution, it’s likely that the police believe there are grounds to suspect you’ve committed a criminal offence.
Although this doesn’t mean you’re believed to be guilty and will be prosecuted, it does mean that the evidence obtained at present suggests you may have been involved in the offence.
What happens during an interview under caution?
Most interviews under caution will be conducted at a police station. However, those being undertaken by other prosecuting authorities such as HMRC or Trading Standards are more likely to take place at their offices.
Before beginning the interview, all important information will be disclosed by the police to ensure you’re fully aware of the process and your rights.This includes:
- The names of the officers in attendance
- The purpose of the interview
- Why you have been asked to attend the interview
- That you have the right to legal representation
- That you can withdraw yourself from the interview
- That anything you say can be used as evidence in a court of law
Once you’ve been cautioned, you’ll be asked multiple questions, such as your whereabouts at specific times, your relationship with those involved in the event and whether you have any additional knowledge of the stated offence.
How long does a police interview take?
The duration of the interview will depend on the nature of the case, with more complex investigations taking longer as a result of additional questions. Typically, an interview under caution will take around 1-2 hours.
Should a solicitor attend an interview under caution with you?
While legal representation isn’t necessary for an interview under caution, it can have a significant impact on how the interview plays out and how the case then develops, ensuring the interview is both lawful and fair. This can include challenging questions where necessary, requesting clarification where questions may seem ambiguous, and ensuring that the process is compliant with legal standards such as PACE.
By law, you are entitled to legal representation and free and independent legal advice at a police interview under caution if:
- You have been arrested
- You have been informed that you are going to be arrested
- You have been informed that the police wish to interview you on a voluntary basis
If you choose to have a specialist criminal defence solicitor accompanying you to a police interview under caution, this is not an admission of guilt or involvement in the criminal offence you are suspected of committing or being involved in.
Choosing to have legal representation at an interview may ensure you don’t do or say anything that can be misinterpreted by the police while they are questioning you or at a later date. They can help guide you through the process, advising you on how to approach certain questions and where to exercise your right to remain silent.
What happens if you refuse to attend an interview under caution?
Police interviews under caution are usually voluntary, meaning in England and Wales, there is no legal obligation to attend. However, if you choose not to attend the interview, it’s important to know that authorities can choose to arrest you to then conduct the interview under custody, which may risk damaging perception in your defence. It’s important to consult with a solicitor before deciding how to respond to a police interview request.
What happens after an interview under caution?
Once the police are satisfied that they have questioned you sufficiently, you will either be:
- Released from the police station without charge, having been told that no further action will be taken against you
- Released on police bail – with or without conditions – and required to return to the police station at a fixed date and time
- Released under investigation (RUI) which is a similar situation to when you have been released on bail but in these circumstances there is no specified date when you have to return to the police station and there are in fact no bail conditions that can be placed on you
- Charged with the criminal offence that you have been questioned regarding
If you are released on police bail or charged with committing or being involved in the criminal offence, it is extremely important that you seek expert legal representation to ensure the best possible outcome for you.
When will I know what action will be taken?
The timing depends on the specifics of the case, but the police will typically aim to inform you of their decision within two months of the interview. If a decision is expected to take longer, they will often send a letter to let you know and provide an estimated timeframe for when an update can be expected.
Do you get a copy of the meeting notes after an interview under caution?
If you elect to have legal representation during your interview, your solicitor will have access to a copy of the interview recording and/or notes. Depending on the outcome of the interview, it’s advisable to review these with your solicitor as soon as possible so they can help solidify your statement and prepare for any further actions or legal proceedings should they arise.
How can you prepare for an interview under caution?
The best way to prepare for an interview under caution is to ensure you have the right legal representation to support you. Being called in for an interview under caution can be an incredibly stressful and daunting experience, but having expert advice can help you to navigate the process with confidence, knowing your rights are protected.
As independent legal experts, we can help you understand the circumstances of the investigation, how best to approach the interview, and help you prepare a statement that will best serve your case. Get in touch with our team of criminal defence solicitors at Lawtons, and we can arrange for you to be represented by a specialist, whatever the offence and wherever the interview.
Note: This guide is intended to give general information only and not intended to be used as the basis upon which advice is given nor should it be relied upon as giving advice specific to a case or individual.
Lawtons do not accept liability for anyone using this guide. Should you require specific advice in connection with a real case or situation, please contact us so we can provide specific legal advice and assistance.
FAQs
Is an interview under caution a criminal record?
Is a voluntary interview still under caution?
Can I be charged without being interviewed?
Can the police ask you back for another interview?
What should you do after leaving the police station?
